ARTICLE I – The client is the entity placing the order, the supplier is Cap Régions Éditions.
ARTICLE II – The supplier’s proposals are non-binding and subject to the assessment of the documents to be reproduced and/or composed. The supplier reserves the right to refuse an order. The supplier’s commitment will be valid only after written confirmation of the order has been issued or after commitment of production costs.
ARTICLE III – The act of providing the supplier with the production elements (raw materials, model, copy, and/or digital files, etc.) with the request, without explicit reservation, to provide a proof or a project, constitutes a commitment vis-à-vis of the supplier to entrust them with the execution of the work or to compensate them for the costs incurred.
ARTICLE IV – The quotation price is only valid for the work explicitly mentioned therein. Any modification made by the principal to the wording of the initial offer will be invoiced as an additional cost. The taxes relating to the proposed work always remain the responsibility of the client. Clients eligible for reduced VAT rates or exempt from VAT must provide all the necessary justification in this regard when placing the order. The duration of the validity of the offer is one month in the case of a project to be carried out within three months. When wages and/or the prices of raw materials (the price of paper for example) increase, the amount of the estimate is likely to be revised, depending on the information provided by the service providers (example: graphic designer or printer). In the case of combined quotes, there is no obligation to provide part of the work against payment of the corresponding part of the total price.
ARTICLE V – Each person or company that places an order and asks to invoice it to a third party, becomes jointly liable for its payment.
ARTICLE VI – When a supplier carries out, in any form whatsoever, a work involving a creative activity as described in legislation relating to intellectual rights, the rights arising from this creation and in particular the right of reproduction remain acquired by the supplier and are not transferred to the person placing the order, and can only be transferred by means of a written agreement to that effect. On the basis of the aforementioned provisions, the supplier who creates a computerised system of data, images, graphical interfaces, a matrix, etc., benefits in terms of copyright from the protection resulting from the provisions of intellectual property rights regulations. The written agreement for the assignment of copyright and in particular the right of reproduction must be express: it cannot result either from the fact that the creative activity was provided to the client, or from the fact that it is the subject of a special remuneration, nor finally from the fact that the ownership of the material medium or the digital data of the copyright is transferred to the principal. Unless there is a special exclusivity agreement, the supplier may reuse an artistic creation produced by its services.
ARTICLE VII – The principal cannot oppose the mention of the name of the supplier, even if the work already mentions the name of a publisher or an intermediary, an advertising agent or others.
ARTICLE VIII – The placing of an order relating to the reproduction of any element which, supplied by the principal, benefits from the protection of the provisions of the legislation relating to intellectual rights, implies on the part of the principal the affirmation of the existence of a right of reproduction for their benefit. It therefore fully guarantees the supplier against any dispute to which this right of reproduction may be subject. Any dispute relating to the reproduction rights suspends the execution of the work. In this context, in the event that the placing of an order involves the supply by the client of digital media integrating software, fonts and/or any tool or element contributing to the creation of the requested project, the client will guarantee to the supplier the origin of the acquisition of these tools or elements and will guarantee it more generally against any dispute relating to their use. The supplier is not responsible for infringements of reproduction rights held by third parties provided that it has performed its reproduction work in good faith. Only the client is responsible.
ARTICLE XI – Each of the parties agrees not to disclose or communicate, not to allow to be disclosed or communicated, nor to use directly or indirectly, unless it has been authorised in writing in advance by the other party, the confidential data, information, applications, methods and techniques as well as any document of any nature whatsoever of which they have become aware during the performance of their mission. The confidentiality obligations provided for in this agreement persist as long as the information in question remains confidential, including beyond the end date of this agreement.
ARTICLE X – The manufacturing elements necessary to bring the work to a successful conclusion (for example photos, films, any type of digitised data transfer medium, etc.) remain the property of the supplier who created them. However, the ownership of these elements may at any time be transferred to the client by express agreement, subject to the provisions of article 6. Nevertheless, when these manufacturing elements are in a form whose use by the client would allow the creation of new works including the creation of reproduction rights, the supplier reserves the exclusivity of the elements it has created, unless there is an express agreement setting the terms of user intervention. The supplier is not responsible for the typographical quality of the ready-to-print models or the formatted files that they receive from the client.
ARTICLE XI – The supplier is obliged to carry out the corrections indicated by the principal, but they can in no way be held responsible for spelling errors, linguistic and grammatical errors not duly pointed out. Any alterations to the original order in any way (in text, in the handling or placement of illustrations, in sizes, in printing or binding work, etc.) made in writing or in any other way, by or on behalf of the principal, will be invoiced in addition and will extend the execution time. This also applies to the downtime of the machines while waiting for the “print proof”. Modifications transmitted verbally or by telephone will be carried out at the risk and peril of the principal.
ARTICLE XII – The transmission by the ordering party of a “ready to press” notification releases the supplier from any liability concerning errors or omissions which may be observed during or after printing. The “print proof” remains the property of the supplier and will serve as proof in the event of a dispute.
ARTICLE XIII – The supplier is never required to keep the manufacturing elements (texts, illustrations, original files, models, films, information media, etc.) necessary to complete the client’s work. All these elements entrusted by the principal and which are in the supplier’s facilities, remain there for the account of and at the risk of the principal, who expressly releases the supplier from any liability whatsoever, among other things in the event of deterioration or loss, in whole or in part, for any reason whatsoever. The same applies to goods and/or products intended for the client. Unless otherwise agreed, all filing costs will be charged from the date notified to the client. In the absence of payment on the agreed date, the goods and/or products will be kept as security and as a pledge of the amounts due.
